Written by Craig D. Robins, Esq.
Empire Masonry Contracting Corp., of East Setauket, New York, filed for Chapter 11 bankruptcy relief on September 14, 2009 in the Central Islip Bankruptcy Court under case number 8-09-76876. Judge Robert E. Grossman is the assigned bankruptcy judge.
This is a Chapter 11 case that is one of my own cases that I, Long Island Chapter 11 bankruptcy attorney, Craig D. Robins, Esq. , filed. The amount of the pre-petition retainer for legal fees and disbursements was $15,039.
The debtor provides commercial masonry services in the New York metropolitan area, has several ongoing jobs, and is solvent and operating profitably. It has gross revenues of several million dollars per year.
According to the Chapter 11 Affidavit filed with the Court, the debtor fell behind with its financial obligations and now requires bankruptcy relief because several large, slow-paying accounts drove the debtor into a position of low liquidity, preventing the debtor from maintaining timely payments to creditors, primarily withholding taxes it owes to the Internal Revenue Service.
In addition, the type of contracting services the debtor provides requires that a portion of each contract be set aside as “retainage” until the completion of construction. Despite the retainage amounts being held back as assurance for the quality of work, the retainage sums recently have taken an extended time to obtain.The debtor anticipates quickly obtaining confirmation of a Chapter 11 plan of reorganization which will enable it to pay all creditors in full.
The Meeting of creditors will be held on October 16, 2009 at the United States Bankruptcy Court for the Eastern District of New York in Central Islip (Room 562 at 10:00 a.m.). The first Status Conference before Judge Grossman has not yet been scheduled.
This post is one of a series of posts available on the Long Island Bankruptcy Blog detailing every Chapter 11 bankruptcy case filed in the Central Islip Bankruptcy Court since August 1, 2009. I will typically post a summary of each Chapter 11 case several days or weeks after it is filed as not all info is available immediately upon filing. To see a list of Chapter 11 cases profiled on this blog, click Chapter 11 Filings on Long Island  or type the name of the debtor in the upper right search box.